HomeMy WebLinkAbout20131028_2013-26_220E4thStROH - 10/28/13
RESOLUTION NO. 2013 -26
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING: CONDITIONAL
USE PERMIT NO. 2012 -11 -MOD AS CONDITIONED TO
ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL
LICENSE, CONDITIONAL USE PERMIT NO. 2012 -12 -MOD
AS CONDITIONED TO ALLOW AFTER -HOURS
OPERATION, AND CONDITIONAL USE PERMIT NO. 2012-
13 -MOD AS CONDITIONED TO ALLOW A BANQUET USE,
FOR THE PROPERTY LOCATED AT 220 EAST FOURTH
STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of modification to: Conditional Use Permit
No. 2012 -11 -MOD to allow a Type 47 Alcoholic Beverage Control (ABC)
license, Conditional Use Permit No. 2012 -12 -MOD to allow after -hours
operations, and Conditional Use Permit No. 2012 -13 -MOD to allow a
banquet use, for expansion of the existing restaurant into the adjacent
suite, as well as the second floor, for the property located at 220 East
Fourth Street.
B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use
permit for: the sale of alcoholic beverages for on -site consumption,
businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and
the operation of a banquet facility.
C. On September 10, 2012, the Planning Commission of the City of Santa
Ana approved a Type 47 on- premise alcohol license, after hours, and
banquet conditional use permits.
D. On October 28, 2013, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2012 -11 -MOD, Conditional Use
Permit No. 2012 -12 -MOD, and Conditional Use Permit No. 2012 -13 -MOD
to modify the original conditional use permits for this property.
E. The Planning Commission determines that the following findings, which
must be established in order to grant modification of this Conditional Use
Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been
Resolution No. 2013 -26
Page 1 of 16
established for Conditional Use Permit No. 2012 -11 -MOD to allow for a
Type 47 ABC license:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed expansion of the alcoholic beverage service
area will provide for an ancillary service to the restaurant's
customers by allowing them the ability to purchase beer,
wine, and distilled spirits with their food. The Type 47 ABC
license is only issued to restaurants that meet the State's
standards as a bona fide eating establishment indicating that
alcohol sales are not intended to be the primary use of the
business. Conditions have been placed on the alcoholic
beverage control license, which further emphasize the sales
of alcohol as an ancillary use.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The proposed expansion of the alcoholic beverage service
area will not be detrimental to persons residing or working in
the vicinity because conditions have been placed upon the
alcoholic beverage control license that will mitigate any
potential negative or adverse impacts that could be created
by the use. In addition, the use will occur within the premises
and /or within an enclosed outdoor patio in accordance with
the standards of the State Department of Alcoholic Beverage
Control.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed expansion of the alcoholic beverage service
area will not adversely affect the economic stability of the
area, but will instead allow the restaurant to compete with
other nearby restaurants that also offer alcoholic beverages
for sale to their patrons. Moreover, the offering of alcoholic
beverages as an ancillary product to food supports the
establishment of a full - service restaurant. In addition, the
proposed use will serve to re- tenant previously vacant
portions of the building, thereby decreasing the number of
vacant tenant spaces that may affect the economic stability
of the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
Resolution No. 2013 -26
Page 2 of 16
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
restaurant selling beer, wine and distilled spirits pursuant to
Chapter 41 of the Santa Ana Municipal Code for restaurants
selling alcohol with their meal. The facility will be maintained
as a bona -fide eating establishment as defined in Section
23038 of the California Business and Professions Code,
having suitable kitchen facilities and supplying an
assortment of foods commonly ordered at various hours of
the day. Additionally, the restaurant will use less than five
percent of the gross floor area for the display and storage of
alcoholic beverages, which is below the maximum threshold
established by the Santa Ana Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed expansion will not adversely affect the
General Plan. The granting of this Conditional Use Permit
supports several policies contained in the General Plan.
Policy 2.2 of the Land Use Element encourages land uses
that accommodate the City's needs for goods and services.
Providing a variety of full - service restaurants offers
additional dining options for Santa Ana residents and
visitors. Policy 2.8 of the Land Use Element promotes the
rehabilitation of commercial properties, and encourages
increased levels of capital investment. The restaurant
expansion will include a significant level of new tenant
improvements representing a substantial capital investment
in the building. The restaurant expansion further supports
the rehabilitation of this commercial property.
F. The Planning Commission determines that the following findings, which
must be established in order to grant modification of this Conditional Use
Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been
established for Conditional Use Permit No. 2012 -12 -MOD to allow for after
hours operation:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed expansion of the after -hours operations area
will provide an ancillary service to the restaurant customers
by allowing them the ability to offer meals after 12:00
midnight, thereby providing an additional dining option within
the downtown area. This will benefit the community by
providing a restaurant with an additional and complementary
Resolution No. 2013 -26
Page 3 of 16
food - related amenity. The after -hours operation is
consistent with that of other restaurants in the downtown.
Conditions have been placed on the after -hours permit that
will mitigate any potential impacts created by the use and
ensure that the use will not negatively affect the surrounding
community.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The proposed expansion of the after -hours operations area
at this location will not be detrimental to persons residing or
working in the vicinity because conditions have been placed
upon the permit that will mitigate any potential negative or
adverse impacts that could be created by the use, and the
proposed after -hours operation is consistent with other
restaurants operating in the downtown. Further, the building
location fronts on the Spurgeon promenade, which is a
frequent location for community activities involving outdoor
entertainment apd significant public activity. Specific
conditions address the potential for noise and light intrusion,
as well as for security.
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed expansion of the after -hours operations area
will not adversely affect the economic stability of the area,
but will instead allow the restaurant to compete with other
nearby restaurants that also offer after -hours meals to their
patrons. The extension of operating hours will enable the
restaurant to continue their operations for a longer period of
time, thereby allowing them to generate more revenue to
ensure their continued economic viability. The proposed
use will serve to re- tenant previously vacant portions of the
building, thereby decreasing the number of vacant tenant
spaces that may'affect the economic stability of the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed expansion of the after -hours
operations will be in compliance with all applicable
regulations and conditions imposed on a restaurant
operating after 12:00 midnight.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
Resolution No. 2013 -26
Page 4 of 16
The proposed expansion of the after -hours operations area
will not adversely affect the General Plan. The granting of
this Conditional Use Permit supports several policies
contained in the General Plan. Policy 2.2 of the Land Use
Element encourages land uses that accommodate the City's
needs for goods and services. Providing a variety of full -
service restaurants with extended hours of operation offers
additional dining options for Santa Ana residents and
visitors. Policy 2.8 of the Land Use Element promotes the
rehabilitation of commercial properties, and encourages
increased levels of capital investment. The restaurant
expansion will include a significant level of new tenant
improvements representing a substantial capital investment
in the building. The restaurant expansion further supports
the rehabilitation of this commercial property.
G. The Planning Commission determines that the following findings, which
must be established in order to grant modification of this Conditional Use
Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been
established for Conditional Use Permit No. 2012 -13 -MOD to allow for a
Banquet Facility:
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed expansion of the banquet facility permit will
provide an ancillary service to the restaurant and their
customers by providing a space to host special functions.
This will benefit the community by providing an additional
venue for special events and celebrations. Conditions have
been placed on the banquet facility permit that will mitigate
any potential impacts created by the use and to ensure that
the use will not negatively affect the surrounding community.
2. Will the proposed use under the circumstances of the particular
case be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity?
The proposed expansion of the banquet facility permit at this
location will not be detrimental to persons residing or
working in the vicinity because conditions have been placed
on the permit that will mitigate any potential negative or
adverse impacts created by the use. In addition, a banquet
facility at this location will provide a supplementary service to
the community, all activities will occur within the premises
and is incidental to the primary restaurant use.
Resolution No. 2013 -26
Page 5 of 16
3. Will the proposed use adversely affect the present economic
stability or future economic development of properties surrounding
the area?
The proposed expansion of the banquet facility will not
adversely affect the economic stability of the area, but will
instead allow the restaurant to compete with other nearby
restaurants that also offer banquet facilities for special
events and community functions. The proposed use will
serve to re- tenant previously vacant portions of the building,
thereby decreasing the number of vacant tenant spaces that
may affect the economic stability of the area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the expansion of the banquet facility will be
in compliance with all applicable regulations and conditions
imposed on a restaurant operating a banquet use pursuant
to Chapter 41 of the Santa Ana Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed expansion of the banquet facility will not
adversely affect the General Plan. The granting of this
Conditional Use Permit supports several policies contained
in the General Plan. Policy 2.2 of the Land Use Element
encourages land uses that accommodate the City's needs
for goods and services. Providing a variety of full - service
restaurants with banquet facilities offers additional service
for Santa Ana residents and visitors. Policy 2.8 of the Land
Use Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. The restaurant expansion will include a
significant level of new tenant improvements representing a
substantial capital investment in the building. The restaurant
expansion further supports the rehabilitation of this
commercial property.
H. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section 15061(b)(3),
which is a general rule exemption applying to projects that have no
possibility of having a significant impact on the environment. Categorical
Exemption Environmental Review No. 2012 -28 will be filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves the modifications to Conditional Use Permit No.
2012 -11 -MOD as conditioned in Exhibit A attached hereto and incorporated as though
fully set forth herein, Conditional Use Permit No. 2012 -12 -MOD as conditioned in
Resolution No. 2013 -26
Page 6 of 16
Exhibit B attached hereto and incorporated as though fully set forth herein, and
Conditional Use Permit No. 2012 -13 -MOD as conditioned in Exhibit C attached hereto
and incorporated as though fully set forth herein. This decision is based upon the
evidence submitted at the abovesaid hearing, which includes but is not limited to: the
Request for Planning Commission Action dated October 28, 2013 and exhibits attached
thereto; and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 28th day of October 2013 by the following vote
AYES: Commissioners: Bacerra, Crespo, Gartner, Mill, Nalle,
Yrarrazaval(6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: Alderete(1) `
a H. Mill
Vice Chairman
APPROVED AS TO FORM:
Sonia R. CArvalho, City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2013 -26 to be the original resolution
adopted by the Planning Commission of the City of Santa Ana on October 28, 2013 .
s
Date:
Secretary of the Pla n+�.�ommi s n
City of Santa Ana
Resolution No. 2013 -26
Page 7 of 16
EXHIBIT A
Conditions for Approval of Conditional Use Permit No. 2012 -11 -MOD
Conditional Use Permit No. 2012 -11 -MOD is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa
Ana Municipal Code, the California Administrative Code, the California Building
Standards Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
1. The premises shall at all times be maintained as a bona -fide eating establishment
as defined in Section 23038 of the California Business and Professions code and
shall provide a menu containing an assortment of foods normally offered. The
premises must have suitable kitchen facilities and supply an assortment of foods
commonly ordered at various hours of the day. Full and complete meals must be
served whenever the privileges of the on -sale license are being exercised.
2. There shall be no fixed bar or lounge area upon the premises maintained for the
sole purpose of sales, service or consumption of alcoholic beverages directly to
patrons. A fixed bar or lounge may be permitted if patrons may order food being
offered to the general patrons of the eating establishment.
3. The sales, service, and consumption of alcoholic beverages shall be permitted
only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by
the granting of a conditional use permit for after -hours operations pursuant to
Santa Ana Municipal Code Chapter 41.
4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are
consumed on Any property adjacent to the licensed premises under the control of
the applicant, with the exception of any enclosed patio areas.
5. The applicant or an employee of the licensee must be present to monitor all areas
of the establishment, including outdoor patios, during all times that alcoholic
beverages are being served or consumed.
6. All employees serving alcoholic beverages must complete Responsible Beverage
Service Training, or an equivalent approved by the State Department of Alcoholic
Beverage Control, prior to being able to serve alcoholic beverages to patrons.
Evidence of the completion of such training must be maintained on the premises
and available for inspection upon request by the City.
Resolution No. 2013 -26
Page 8 of 16
CUP NO. 2012 -11 MOD
OCTOBER 28, 2013
PAGE 2 OF 4
7. During those times when patrons are restricted to 21 years of age or older, the
applicant shall at all times utilize an age verification means or device for all
purchases of alcoholic beverages. Such verification of age is not intended to
discriminate against patrons based on race, ethnicity or legal status, but only to
comply with state law restricting the sale of alcohol to those 21 and older.
8. Queuing lines shall be managed in an orderly manner and all disruptive and /or
intoxicated patrons shall be denied entry. The business owner, or his designee,
shall be responsible for monitoring the queuing lines at all times.
9. The outdoor queuing line shall not block public walkways or obstruct the entry or
exit doors of adjacent businesses. Stanchions or barriers must be used to
maintain order at all times the queue exceeds 25 patrons. All stanchions or
barriers located on public property must be approved by the Public Works Agency.
10. Employees and contract security personnel shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes of
employee education about new products. Under no circumstances may contract
security personnel consume alcoholic beverages during their work shift.
11. There shall be no exterior advertising of any kind or type, including window signs
or other signs visible from outside, that promote or indicate the availability of
alcoholic beverages on the premises. Interior displays of alcoholic beverages or
signs, which are clearly visible to the exterior, shall constitute a violation of this
condition. Permissible window displays must be kept to a minimum for maximum
visibility and shall not exceed 25 percent of window coverage. Floor displays shall
not exceed three feet in height.
12. There shall be no promotions encouraging intoxication or drinking contests or
advertisements indicating `buy one drink, get one free', "two for the price of one ",
or "all you can drink for..." or similar language.
13. Any pool tables, amusement machines or video games maintained on the
premises at any time must be reviewed and approved in a security plan submitted
to the Chief of Police.
14. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, shall be subject to the issuance of an entertainment
permit pursuant to Santa Ana Municipal Code ( "SAMC") Chapter 11 —
Entertainment, and shall comply with all of the standards contained therein.
Resolution No. 2013 -26
Page 9 of 16
CUP NO. 2012 -11 MOD
OCTOBER 28, 2013
PAGE 3 OF 4
Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet
from the exterior of the premises in any direction.
15. Neither the applicant, nor any person or entity operating the premises with the
permission of the applicant, shall violate the City's adult entertainment ordinance
contained in SAMC Sections 12 -1 and 12 -2.
16. The premises shall not be operated as an adult entertainment business as such
term is defined in SAMC Section 41- 1701.6.
17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
18. There shall be no public telephones located on the exterior of the premises. All
interior pay phones must be designed to allow outgoing calls only.
19. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee(s) shall be removed or painted within 24 hours of being
applied.
20. Existing bona fide eating establishment and required parking must conform to the
provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code
(Building Security Ordinance). These code conditions will require that the existing
project lighting, door /window locking devices and addressing be upgraded to
current code standards. Lighting standards cannot be located in required
landscape planters. Prior to issuance of Letter of Approval to the Alcohol
Beverage Control Board, this condition must be complied with.
21. A timed - access cash controller or drop safe must be installed.
22. Install a silent armed robbery alarm.
23. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual, that has been approved by the
Police Department, addressing at a minimum the following items:
a. Procedures for handling obviously intoxicated persons.
b. The method for establishing a reasonable ratio of employees to patrons,
based upon activity level, in order to ensure adequate staffing levels to
monitor beverage sales and patron behavior.
Resolution No. 2013 -26
Page 10 of 16
CUP NO. 2012 -11 MOD
OCTOBER 28, 2013
PAGE 4 OF 4
C. Procedures for handling patrons involved in fighting, arguing or loitering
about the building, and /or in the immediate adjacent area that is owned,
leased, rented or used under agreement by the Licensee(s).
d. Procedures for verifying the age of patrons for purposes of alcohol sales.
e. Procedures for ensuring that servers monitor patrons to ensure that their
drinking limit/potential intoxication is not exceeded. This procedure should
include a description of the procedure the server would use to warn, or
refuse to serve, the patron.
f. Procedures for calling the police regarding observed or reported criminal
activity.
g. Procedures for management of queuing lines.
h. The location and description of any video games proposed to be on the
premises.
24. The operator shall be responsible for submitting a detailed outdoor fencing and
dining plan where outdoor dining is proposed as part of the business operation. If
the proposed dining area or fencing is in the public right of way, the applicant must
obtain all required permits and approvals from the Public Works Agency.
25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of
the gross floor area of the licensed establishment.
Resolution No. 2013 -26
Page 11 of 16
EXHIBIT B
Conditions for Approval of Conditional Use Permit No. 2012 -12 -MOD
Conditional Use Permit No. 2012 -12 -MOD is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa
Ana Municipal Code, the California Administrative Code, the California Building
Standards Code and all other applicable regulations.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
1. The premises shall at all times be maintained as a bona -fide eating establishment
as defined in Section 23038 of the California Business and Professions code and
shall provide a menu containing an assortment of foods normally offered. The
premises must have suitable kitchen facilities and supply an assortment of foods
commonly ordered at various hours of the day. Full and complete meals must be
served whenever the privileges of the on -sale license are being exercised.
2. There shall be no fixed bar or lounge area upon the premises maintained for the
sole purpose of sales, service or consumption of alcoholic beverages directly to
patrons. A fixed bar or lounge may be permitted if patrons may order food from
the same menu being offered to the general patrons of the eating establishment.
3. The sales, service, and consumption of alcoholic beverages shall be permitted
only between the hours of 8:00 a.m. and 2:00 a.m. pursuant to this conditional use
permit.
4. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, is subject to compliance with Santa Ana Municipal Code
( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein.
Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet
from the exterior of the premises in any direction.
5. Neither the applicant, nor any person or entity operating the premises with the
permission of the applicant, shall violate the City's adult entertainment ordinance
contained in SAMC Section 12 -1 and 12 -2.
6. The premises shall not be operated as an adult entertainment business as such
term is defined in SAMC Section 41- 1701.6.
7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
8. There shall be no amplified sound used outside the building.
Resolution No. 2013 -26
Page 12 of 16
CUP NO. 2012 -12 MOD
OCTOBER 28, 2013
PAGE 2 OF 2
9. No use of delivery vehicles with more than three axels at this location.
10. This establishment must comply with Santa Ana Municipal Code Section 18 -312
related to exterior noise.
11. Trash enclosure program and a notarized, recorded Reciprocal Trash Agreement
Prior to issuance of a Certificate of Occupancy.
12. Trash pickup must be scheduled for a minimum of twice per week.
13. Sign permits (both permanent and temporary) are under separate submittal.
14. Any and all outdoor patio areas shall be closed by 1:30 a.m. pursuant to this
conditional use permit.
Resolution No. 2013 -26
Page 13 of 16
EXHIBIT C
Conditions for Approval of Conditional Use Permit No. 2012 -13 -MOD
Conditional Use Permit No. 2012 -13 -MOD is approved subject to compliance, to the
reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa
Ana Municipal Code, the California Administrative Code, the California Building
Standards Code and all other applicable regulations.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
1. The premises shall at all times be maintained as a bona -fide eating establishment
as defined in Section 23038 of the California Business and Professions code and
shall provide a menu containing an assortment of foods normally offered. The
premises must have suitable kitchen facilities and supply an assortment of foods
commonly ordered at various hours of the day. Full and complete meals must be
served whenever the privileges of the on -sale license are being exercised.
2. There shall be no fixed bar or lounge area upon the premises maintained for the
sole purpose of sales, service or consumption of alcoholic beverages directly to
patrons. A fixed bar or lounge may be permitted if patrons may order food from
the same menu being offered to the general patrons of the eating establishment.
3. The sales, service, and consumption of alcoholic beverages shall be permitted
only between the hours of 8:00 a.m. and 12:00 a.m. unless a conditional use
permit for after hours operation is approved.
4. Live Entertainment, including but not limited to, amplified music, karaoke,
performers and dancing, is subject to compliance with Santa Ana Municipal Code
( "SAMC) Chapter 11 and shall comply with all of the standards contained therein.
Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet
from the exterior of the premises in any direction.
5. Neither the applicant, nor any person or entity operating the premises with the
permission of the applicant, shall violate the City's adult entertainment ordinance
contained in SAMC Section 12 -1 and 12 -2.
6. The premises shall not be operated as an adult entertainment business as such
term is defined in SAMC Section 41- 1701.6.
7. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
Resolution No. 2013 -26
Page 14 of 16
CUP NO. 2012 -13 MOD
OCTOBER 28, 2013
PAGE 2 OF 2
8. There shall be no amplified sound used outside the building.
9. No use of delivery vehicles with more than three axels at this location.
10. This establishment must comply with Santa Ana Municipal Code Section 18 -312
related to exterior noise.
11. Trash enclosure program and a notarized, recorded Reciprocal Trash Agreement
Prior to issuance of a Certificate of Occupancy.
12. Trash pickup must be scheduled for a minimum of twice per week.
13. Sign permits (both permanent and temporary) are under separate submittal.
Resolution No. 2013 -26
Page 15 of 16
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd Santa Ana, California 92702.
I served the
a true copy
Robert Quinn
Playground Restaurant, LLC
18665 Via Torino
Irvine, CA 92603
document described as: Resolution No. 2013 -26
s. 2012 -11, 2012 -12, and 2012 -13) in this action by
tc ose in sealed envelopes a ressed as follows:
Ryan Chase
Fiesta Marketplace Partners
129 W Wilson St., Suite 100
Costa Mesa, CA 92627
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on November 15, 2013 at Santa Ana, California.
t&41-�-,�- ,
MARTHA RAMIREZ
Resolution No. 2013 -26
Page 16 of 16